La rifondazione di Ecuador e Bolivia e l'emersione costituzionale della tradizione meticcia

This article aims to analyze the constitutions of Ecuador (2008) and Bolivia (2009) highlithing the legal meaning of the native peoples’ cosmovision which permeates these texts. This concept implies an armonic life of individuals, communities, and nature. It is an holistic way of thinking the existence, very different to the Western view. This article is structured as follows. The Introduction provides an overview of the native cosmovision, considered an alternative model for fair and sustainable development to the neoliberal dominant model. Section 2 gives a brief explanation of de Sousa Santos’ concept of subaltern cosmopolitan legality. In the counter-hegemonic globalization, this Author conceives the characteristic of law in term of revalutation of the chtonic tradition and of extension of legal pluralism. In Sections 3 and 4, the meaning of tradition and its content are illustrated. Section 5 is devoted to the analysis of the positivization of the Andean cosmovision. Section 6 illustrates the legal meaning of Plurinational State in Ecuador and Bolivia. A deeper analysis is carried out with regard to the explanation of the rights conferred to the Mother Earth. The final Section of this article is dedicated to the illustration of the results of the comparative analysis and to the definition of the legal tradition appeared at constitutional level in Ecuador and Bolivia, an hybrid type for its sourses of inspiration.